HomeMy WebLinkAboutR2025-CUP2025-0449 20251117- FailedRESOLUTION R2025- CUP2025-0449
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Restaurant (with Drive-Thru Service) use within the
Neighborhood Service (NS) zoning district, on 1.189 acres of land, being a 1.189
acres, or 51,782 square feet more or less, being a portion out of 9.6135 acre tract,
conveyed to G and G Partners Development, LLC, as described in a deed recorded
in Brazoria County Clerk’s File No. 2017043843 of the Official Public Records of
Brazoria County, Texas, situated in the Warren DC Hall Survey, Abstract No. 70, in
the City of Pearland, Brazoria County, Texas (located at 3203 Dixie Farm Road,
Pearland, Texas). Conditional Use Permit No. CUP2025-0449, for Restaurant (with
Drive-Thru Service) use within the Neighborhood Service (NS) zoning district, at the
request of Austin Britt, applicant, on behalf of Anthony Guiliani, owner, containing a
savings clause, a severability clause, and an effective date and other provisions
related to the subject.
WHEREAS, Austin Britt, applicant, on behalf of Anthony Guiliani, owner, is
requesting approval of a Conditional Use Permit (CUP) for Restaurant (with Drive-Thru
Service) use within the Neighborhood Services (NS) District, on approximately 1.189
acres of land; said property being legally described in the legal description attached
hereto and made a part hereof for all purposes as Exhibit “A”, and more graphically
depicted in the vicinity map attached hereto and made a part hereof for all purposes as
Exhibit “B”; and
WHEREAS, on the 3rd day of November 2025, a public hearing was held before
the Planning and Zoning Commission of the City of Pearland, Texas, notice being given
by online publication on the City website, a copy of which being attached hereto and made
a part hereof for all purposes as Exhibit "C”, said call and notice being in strict conformity
with provisions of Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, the Planning and Zoning commission having fully reviewed all the
information provided and heard the testimony of all those who wished to speak has
provided a recommendation letter with input and discussion attached hereto as Exhibit
“D”; and
WHEREAS, on the 17th day of November 2025, the City Council having fully heard
the testimony and argument of all interested parties finds that in the case of the application
of Austin Britt, applicant, on behalf of Anthony Guiliani, owner, is requesting approval of
a Conditional Use Permit (CUP) for Restaurant (with Drive-Thru Service) use within the
Neighborhood Services (NS) District; presented which, in the judgment of the City
Council, would justify the approval of said application; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section I. The following described property located within the corporate City
Limits of the City of Pearland, Texas, and presently being located within the
Neighborhood Services (NS) District, is hereby granted a Conditional Use Permit (CUP)
for Restaurant (with Drive-Thru Service) use, in accordance with all conditions and
requirements of the Unified Development Code approved by the City Council and
incorporated for all purposes, such property being more particularly described as:
Legal Description: Being a 1.189 acres, or 51,782 square feet more or
less, being a portion out of 9.6135 acre tract, conveyed to G and G Partners
Development, LLC, as described in a deed recorded in Brazoria County
Clerk’s File No. 2017043843 of the Official Public Records of Brazoria
County, Texas, situated in the Warren DC Hall Survey, Abstract No. 70, in
the City of Pearland, Brazoria County, Texas.
General Location: 3203 Dixie Farm Road, Pearland, Texas.
Section II. The City Council of the City of Pearland finds and determines that the
recitations in the preamble hereof are true and that all necessary prerequisites of law
have been accomplished and that no valid protest of the proposed change has been
made. The City Council further finds and determines that there has been compliance with
the mandates of law in the posting and presentation of this matter to the Planning and
Zoning Commission and to City Council for consideration and decision.
Section III. The City Council of the City of Pearland finds and determines that the
Resolution adopted herein promotes the health, safety, and general welfare of the public
and is a proper valid exercise of the City’s police powers.
Section IV. If any section, subsection, sentence, clause, phrase, or portion of this
Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision
and such holding shall not affect the validity of the remaining portions thereof.
Section V. All rights and remedies, which have accrued in the favor of the City
under this Resolution and its amendments thereto, shall be and are preserved for the
benefit of the City.
Section VI. This Resolution shall become effective after its passage and
approval.
PASSED, APPROVED, and ADOPTED on this day, the 17th day of November 2025.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
__________________________
DARRIN M. COKER
CITY ATTORNEY
Exhibit “A”
Legal Description
Being a 1.189 acres, or 51,782 square feet more or less, being a portion out of 9.6135
acre tract, conveyed to G and G Partners Development, LLC, as described in a deed
recorded in Brazoria County Clerk’s File No. 2017043843 of the Official Public Records
of Brazoria County, Texas, situated in the Warren DC Hall Survey, Abstract No. 70, in the
City of Pearland, Brazoria County, Texas.
Exhibit “B”
Vicinity Map
Exhibit “C”
Notification
Exhibit “D”
Recommendation Letter with Input and Discussion
Recommendation Letter with Input and Discussion
November 4, 2025
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP2025-0449
Honorable Mayor and City Council Members:
At their regular meeting on November 3, 2025, the Planning and Zoning Commission considered
the following:
Public Hearing: A request by Austin Britt, applicant, on behalf of Anthony Guiliani,
owner, for approval of a Conditional Use Permit (CUP) for Restaurant (with Drive-Thru
Service) use within the Neighborhood Service zoning district, on 1.189 acres of land, to
wit:
Legal Description: Being a 1.189 acres, or 51,782 square feet more or less, being a
portion out of 9.6135 acre tract, conveyed to G and G Partners Development, LLC, as
described in a deed recorded in Brazoria County Clerk’s File No. 2017043843 of the
Official Public Records of Brazoria County, Texas, situated in the Warren DC Hall
Survey, Abstract No. 70, in the City of Pearland, Brazoria County, Texas.
General Location: 3203 Dixie Farm Road, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed CUP request
at their regular meeting on November 3, 2025. The property owner and applicant were present,
and the applicant discussed the proposed project. There were three members of the public who
spoke in opposition to the project. Prior to the meeting, staff received 33 written public comments
in opposition and one in support of the project.
The Commission took a motion to recommend approval of the proposed CUP with the following
Staff Conditions:
1. The exterior building facades shall be developed in substantial conformance with
materials as depicted in façade renderings, and all COD requirements for articulation
met.
2. A hedge row be provided to screen a minimum of thirty-five percent (35%) of the length
of the parking lot along the southwestern property line in accordance with UDC Section
4.2.2.4.(d)(2). The required side lot screening may be grouped and dispersed randomly.
3. Cross access be provided be provided to Lot 1 to the northeast, as is required by the
Dixie Farm Commercial Subdivision plat.
4. Gravel shall be limited to 172 SF as shown on the Landscape Plan (menu board island
near the drive-through).
5. Any infrastructure improvements which result from the Traffic Impact Analysis shall be
provided by the developer.
The motion passed by a vote of 5-1. The vote by the Commission constitutes
a positive recommendation for approval by City Council.
Sincerely,
Martin Griggs, AICP, CNU-A
Deputy Director, Community Development
On behalf of the Planning and Zoning Commission